In person For the v Mr A. Xhemajli (owner and sole trader) — 2023

Mrs Ramute Paplauskiene presented a claim on 3 October 2021 alleging unfair dismissal on the grounds of pregnancy and a detriment and discrimination relating to pregnancy against Euroselect, which the judgment records was Mr A. Xhemajli's trading name. In the claim form she said she did not have an Acas early conciliation certificate and relied on an exemption because she said she was making a claim with another person who had a certificate.

The Tribunal wrote to her on 18 November 2021 and again on 13 December 2021 asking for an Acas certificate or further details of the exemption relied on. At the hearing she accepted that she did not know a certificate was required until the 13 December 2021 letter, after which she contacted Acas and undertook early conciliation; a certificate was issued on 29 December 2021 and the claim was later accepted on 18 January 2022. The Tribunal held that section 18A of the Employment Tribunals Act 1996 required an Acas early conciliation certificate before proceedings were instituted, that no exception applied, and therefore it had no jurisdiction to deal with the claim. It noted that the claimant could decide whether to present a fresh claim with a certificate and, if so, the Tribunal would then consider jurisdiction and any time-limit issues.